2015-05-26 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     26 MAY 2015


3.   Noosa Shire Council Local Law No. 3 (Community Health and Environmental
     Management) 2011;
4.   Noosa Shire Council Local Law No. 4 (Local Government Controlled Areas, Facilities,
     Infrastructure and Roads) 2011;
5.   Noosa Shire Council Local Law No. 5 (Parking) 2011; and
6.   Noosa Shire Council Local Law No. 6 (Bathing Reserves) 2011.

In accordance with the Department of Infrastructure, Local Government and Planning ‘Guidelines
for drafting Local Laws’ document, a subordinate Local Law ceases to have effect if the
authorising Local Law is repealed. Therefore, it is not necessary to repeal each current
subordinate Local Law in the Proposed Repealing Local Law.

To avoid any doubt, the Proposed Repealing Local Law repeals the existing suite of Local Laws
and Subordinate Local Laws at the end of day on 30 June 2015. The new suite of Local Laws
commence at the beginning of 1 July 2015.

Section 29A of the Local Government Act 2009 provides that if a local government is making a
local law that is not a model local law, it must consult with relevant government entities about the
overall State interest in the proposed local law before making the local law.

Whilst the Proposed Repealing Local Law is not a model Local Law, it has been identified and
confirmed by Kent Wain that a State interest consultation process is not required because there
are no relevant government entities to consult with. The reason for this is that the Proposed
Repealing Local Law merely repeals the current suite of Local Laws, which are to be replaced by
a new suite of Local Laws that are based on the Model Local Laws provided by the Department
of Infrastructure, Local Government and Planning.

Delegations

Delegations are the process by which Council delegates its local government powers to another
person (CEO or subordinate) to carry out various functions relative to local government.

In light of Council’s new suite of Local Laws commencing on 1 July 2015, it is appropriate for
Council to authorise a new Delegation of Authority by Council to the CEO titled Local Laws as
provided at Attachment 2. This will ensure that the CEO can delegate the powers of Noosa
Council under its new suite of Local Laws to appropriate Council Officers prior to the 1 July 2015
commencement date of the new suite of Local Laws. The current delegation, which specifically
applies to the current suite of Local Laws, will continue to apply up until the end of day on 30
June 2015.

Previous Council Consideration

Ordinary Meeting, 7 May 2015, Item 20, Page 9

That Council note the report by the Governance Advisor to the Planning & Organisation
Committee Meeting dated 28 April 2015 and:
A.   Note the Anti-competitive Provisions Assessment (provided in Attachment 5 to the report),
     which provides that whilst the proposed Noosa Shire Council Local Laws No 1 and No 4,
     and the proposed Noosa Shire Council Subordinate Local Laws No 1 and No 4, contain
     some anti-competitive provisions, the impacts of these provisions are not considered
     significant to warrant further public interest assessment;
B.   Repeal the current Noosa Shire Council Local Laws 2011 No 1 to No 6 (inclusive) on 30
     June 2015, and make the proposed Noosa Shire Council Local Laws No 1 to No 6
     (inclusive) (provided at Attachment 1 to the report) to commence operation on 1 July 2015;


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